Terms of Service

Orgatlas Pty Ltd ABN 39 679 164 740, trading as The Listing Collective
Level 2, 220 St Georges Terrace, Perth WA 6000
daniel@thelistingcollective.com.au
thelistingcollective.com.au

Effective 16 September 2026. Version 1.0.

1. These terms

These terms form a binding agreement between Orgatlas Pty Ltd ABN 39 679 164 740, trading as The Listing Collective ("we", "us", "our"), and the person or entity that opens an account ("you", "your", the "Customer").

They apply from the moment you open an account or first use the Service, whichever comes first. If you are agreeing on behalf of a company, agency or trust, you confirm you are authorised to bind it.

Please read section 5. It is the part of this agreement that carries real consequences for you, and it is the part we will not negotiate away.

2. Definitions

Service means the conversational SMS platform we provide at thelistingcollective.com.au, including its interfaces, integration endpoints and documentation.

Assistant means the named, configured persona that composes and sends messages from your account.

Contact means an individual in your database whose details you load into the Service.

Customer Data means everything in your account: your contacts, your settings, your operating knowledge, message content, consent records and everything derived from them.

Carrier Account means the telecommunications messaging account and sending number that you hold in your own name and connect to the Service.

Order means the proposal, quote or order form we agree with you, which records the fees, the term and anything specific to your account.

3. What the Service does

The Service maintains long running, two way SMS conversations between you and the contacts in your own database, using an assistant persona that you name and configure. It decides when a contact is worth talking to, drafts and sends messages within the limits you set, records what was learned, and hands conversations to you when a person should take over.

It is not a bulk messaging tool and must not be used as one.

What it is not. The Service is software. It is not legal advice, and it is not a guarantee that your messaging complies with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), your real estate licensing obligations, or any other law. We give you mechanisms for recording consent, honouring opt outs, restricting sending hours and capping volume. Deciding whether your use of them satisfies your obligations is your decision to make, and worth taking your own advice on.

4. Your account

One account is one customer, with one assistant and one set of settings. Accounts are isolated from each other.

You are responsible for everything done under your account, including by your staff.

Keep your credentials secure, do not share sign ins, and tell us promptly if you think an account has been compromised.

You must give us accurate account information and keep it current.

We may suspend a user's access where we reasonably believe an account has been compromised.

This section prevails over anything inconsistent elsewhere in this agreement.

5.1 You are the sender

As between us and you, you are the sender of every message sent from your account. You hold the Carrier Account, you own the sending number, the assistant carries a name you chose, and the messages go out in your name and in your business's voice. We provide the software that composes and delivers them at your direction.

You are solely responsible for obtaining, recording and maintaining a lawful basis for contacting every person you load into the Service, and for being able to prove it. We do not obtain consent on your behalf and we do not warrant that consent exists.

We are never present when a contact's number is collected. That happens between you and that person, before the record reaches us, and we have no relationship with them at that moment, no visibility of what they were told, and no ability to verify what you tell us about it. Consent must be obtained before a contact is loaded into the Service, not after. We provide the functions that let you record it, prove it, honour a withdrawal of it and keep the evidence. Having it in the first place is yours.

You warrant, on each occasion you load a contact and on each occasion a message is sent, that:

you hold consent to send commercial electronic messages to that contact, whether express or inferred, that is valid under the Spam Act, and that the basis you record in the Service is true;

you collected that person's information lawfully and gave them the notices your obligations require;

that person has not withdrawn consent through any channel of yours, including channels we cannot see;

you are entitled to disclose their information to us for the purposes of the Service; and

the contact list is your own, and was not purchased, scraped, rented, harvested or otherwise acquired from a third party without a basis for contacting the people in it.

Loading a contact into the Service does not create consent and does not make that person contactable. The Service will not message anyone until a named person at your end records the basis on which they may be contacted and how that person agreed, in their own words, with a date. That step exists because under the Spam Act the burden of proving consent sits with the sender, which is you, and because an import error should never be able to opt in a whole database.

5.3 Identification and unsubscribe

You must ensure that your assistant's configuration accurately identifies your business, and that the messages sent from your account meet the sender identification and unsubscribe requirements that apply to you. You must not configure the assistant to misrepresent who it is acting for.

If a contact asks whether they are speaking to a person, the Service is built to say so honestly and immediately. You must not configure, instruct or attempt to cause the assistant to claim to be a human being. This is not negotiable and we will treat a breach of it as a material breach.

5.4 Opt outs

The Service detects stop requests in two ways: a plain keyword and phrase check applied to every inbound message on arrival, before any model reads it, and an inferred check that catches softer requests to be left alone. Both write to an append only consent record, both are immediate, and neither sends a reply. Neither can be disabled, by you or by us. Opt outs are also written back to your connected CRM, and that writeback cannot be turned off.

Consent moves one way automatically. The Service can revoke it. Only a person at your end can restore it, by recording who is restoring it, when, and the basis for the renewed consent. You must not record a restoration that is not true.

5.5 What you configure

You configure, and are responsible for choosing settings appropriate to your obligations: the days and hours messages may be sent, per contact frequency limits and cooldowns, daily and monthly volume ceilings, how quickly the system stops trying with contacts who do not engage, and whether messages require your approval before sending. Defaults are conservative, but they are defaults, not advice.

5.6 Approval

New accounts start with every outbound message queued for your approval. You may move your account to send first messages automatically, and then to full autonomy within the sending rules. Each of those is your decision, it is recorded in the audit log, and messages sent after you make it remain your messages.

6. Automated content

The Service uses language models to decide what to say and to read what your contacts say back. That processing is probabilistic. Output can be wrong, ill judged or unsuitable, and the Service is designed on that assumption: the rules that decide whether a message may be sent at all are deterministic and are not influenced by model output or by anything a contact writes.

You acknowledge that:

messages may be sent that you would not have written yourself, which is the reason the approval stages in clause 5.6 exist;

you are responsible for the content sent from your account, whatever composed it;

you must review the operating knowledge you give the assistant, because it will rely on it; and

if analysis of an inbound message fails, the Service sends nothing, which may mean a contact receives no reply.

We do not warrant that automated output will be accurate, appropriate or fit for any particular purpose, and we do not warrant that automated stop detection will catch every possible way a person might ask to be left alone. The keyword check is currently English only. This is a known limitation, and it is the reason the human review, alerting and escalation features exist.

7. Acceptable use

You must not, and must not permit anyone else to:

use the Service to message people you do not have a lawful basis to contact;

use the Service for bulk or broadcast marketing, or attempt to make it behave as a blast tool;

send content that is unlawful, misleading, deceptive, harassing, defamatory or offensive, or that your carrier's rules prohibit;

send content relating to firearms, illicit substances, tobacco, vaping, gambling, adult content, high risk financial products or any other category your carrier restricts;

attempt to evade, disable, delay or work around the sending rules, the consent record, the opt out detection, the sending hours or the volume caps, including by rotating numbers, splitting accounts or re-loading erased contacts;

record consent attestations you know to be untrue;

use the Service on behalf of a third party, resell it, or make it available to anyone outside your business without our written agreement;

copy, reverse engineer, decompile or attempt to derive the source code or prompts of the Service, or use it to build a competing product;

interfere with the Service's operation, probe its security, or access another customer's data; or

use the Service other than in connection with your own real estate business.

Where we reasonably suspect a breach of this section or of section 5, we may suspend sending from your account immediately and without notice. We will tell you why as soon as we reasonably can. Given the speed at which messaging complaints, carrier action and regulator interest move, this is a protection we need and we will use it.

8. Fees

Fees, the billing cycle, any usage based charges, the minimum term and any trial arrangement are set out in your Order, which forms part of this agreement. If your Order and these terms conflict, your Order prevails on commercial matters and these terms prevail on everything else.

Fees are in Australian dollars and exclusive of GST unless stated otherwise. GST is payable in addition where applicable.

Invoices are payable within the period stated in your Order, or within 14 days of the invoice date if none is stated.

We may suspend the Service if an invoice is more than 14 days overdue and we have given you notice and a chance to fix it.

We may change our fees on 30 days written notice. If the change is not acceptable to you, you may terminate before it takes effect.

Message charges are yours. You hold the Carrier Account and pay your carrier directly for message traffic, unless your Order says otherwise. Model processing costs are included in your fees unless your Order says otherwise.

9. Third party services

The Service depends on services we do not control, including a messaging carrier gateway, a language model gateway and the providers it routes to, and hosting infrastructure. It also connects to services you control, including your Carrier Account and your CRM.

You are responsible for your own accounts with third parties, for the terms that govern them, and for the charges they raise.

You grant us permission to use the credentials you enter to act on your behalf in providing the Service. Credentials are encrypted at rest and are never returned by the Service once entered.

We are not liable for the acts, omissions, outages, price changes or termination decisions of third party providers, though we will make reasonable efforts to keep the Service working around them.

If your carrier suspends your number or your account for compliance reasons, the Service will stop sending, and that is not a failure of the Service.

10. Your data and our software

Your data stays yours. You own Customer Data. You grant us a non exclusive licence to host, process, transmit and display it for as long as we need to in order to provide the Service, support you, keep it secure, and meet our legal obligations.

Our software stays ours. We own the Service, including its software, interfaces, prompts, models of behaviour, documentation and branding, and nothing in this agreement transfers any of it to you. You get a non exclusive, non transferable right to use the Service during the term.

Improvement. We may use operational records of what happened, such as what was sent, what came back and what the outcome was, to evaluate and improve the Service. Where we use conversation content for that purpose, we use it within your account or in de-identified form. We do not use your Customer Data to provide services to another customer, and one account's data never appears in another account's context.

Feedback. If you suggest an improvement, we may use it without obligation to you.

11. Privacy

Our Privacy Policy explains how we handle personal information, and forms part of this agreement.

As between us and you, in relation to contact personal information:

you determine what is collected, whose it is, and what it is used for;

we handle it on your behalf and on your instructions, for the purpose of providing the Service; and

you are responsible for your own obligations under the Privacy Act, including notice, collection, correction and complaint handling in relation to your contacts.

You authorise us to disclose that information to the third parties, including overseas recipients, described in our Privacy Policy, and you are responsible for making your contacts aware of this where your obligations require it.

If a contact asks us directly to be erased or to see what is held about them, we will tell you and act on it. Erasure removes conversation history, learned facts and contact details, and deliberately retains the consent record as evidence that the person asked not to be contacted. You agree that we may do this without your further approval.

12. Availability and support

We aim to keep the Service available and to fix problems promptly, but we do not commit to an uptime figure unless your Order states one. The Service may be unavailable for maintenance, for third party failures, or for reasons outside our control.

Support is provided by email at daniel@thelistingcollective.com.au during business hours in Perth, Western Australia.

The Service is designed so that a failure results in nothing being sent rather than in the wrong thing being sent. That means an outage will usually look like silence, and messages that would have gone out may not go out at all.

13. Suspension and termination

By you. You may terminate at the end of your current term by giving us 30 days written notice, or as your Order provides.

By us. We may terminate on 30 days written notice. We may terminate or suspend immediately if you breach section 5 or section 7, if you fail to pay after notice, if you become insolvent, or if continuing to provide the Service would expose us to legal or carrier risk we are not prepared to carry.

On termination. Your right to use the Service ends, sending stops, and any fees owing become payable. Fees already paid are not refundable except where the law requires it or your Order says otherwise.

Your data afterwards. Export your data before you go. You can export at any time while your account is open. After termination we will keep your data until you ask us to delete it, or until we delete it at our discretion, whichever happens first, and we do not undertake to keep it indefinitely or to restore an account once it is deleted. Consent records and audit records may be kept beyond that point where we need them as evidence of compliance or to defend a claim.

14. Warranties and the Australian Consumer Law

Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot be excluded.

Where the Australian Consumer Law applies and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Otherwise, and to the extent permitted by law, the Service is provided as is. We do not warrant that it will be uninterrupted or error free, that automated output will be accurate or suitable, that every message will be delivered, that every stop request will be detected, or that your use of it will comply with any law that applies to you.

15. Indemnity

You indemnify us against all loss, damage, penalty, cost and expense, including reasonable legal costs, that we suffer or incur arising from or in connection with:

any message sent from your account, including its content;

your breach of section 5, including any claim, complaint, investigation, infringement notice or penalty under the Spam Act, the Privacy Act, the Australian Consumer Law or any applicable telecommunications industry code, relating to messages sent from your account;

any claim by a contact arising from being contacted, or from the handling of their personal information under your account;

your breach of section 7; and

your breach of any other term of this agreement.

This indemnity does not apply to the extent the loss was caused by our own breach of this agreement, our negligence, or our wilful misconduct.

16. Liability

Subject to section 14, and to the extent permitted by law:

neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, or loss or corruption of data, however caused;

our total aggregate liability arising out of or in connection with this agreement is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the liability, and AUD $500; and

each party's liability is reduced to the extent the other party caused or contributed to the loss.

The limits in this section do not apply to your obligation to pay fees, or to the indemnity in section 15.

17. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to the recipient, or must be disclosed by law. Our confidential information includes the non public parts of the Service, its prompts and its documentation. Yours includes your Customer Data and your commercial terms.

18. Integrations

Where you connect a CRM or other system to the Service, whether ours or a third party's:

you authorise the exchange of data between that system and the Service for the purposes you configure;

your system remains the owner of contact identity, and the Service will not alter a name, number or address in your system;

credentials and access keys you issue are your responsibility, and you should revoke them when they are no longer needed;

we are not responsible for the behaviour, availability or security of a third party system; and

an integration cannot grant or restore consent. That requires a named person and a written basis, as set out in clause 5.4.

19. General

Changes. We may change these terms on 30 days written notice by email to your account address or by notice in the Service. If a change materially disadvantages you, you may terminate before it takes effect. Continuing to use the Service after that date means you accept the change.

Notices. Notices to us go to daniel@thelistingcollective.com.au or to Level 2, 220 St Georges Terrace, Perth WA 6000. Notices to you go to the email address on your account. Email notices are taken to be received on the next business day after sending unless the sender receives a delivery failure.

Assignment. You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it to a purchaser of our business on notice to you.

Subcontracting. We may use subcontractors and third party providers to deliver the Service, and we remain responsible for their performance of our obligations.

Force majeure. Neither party is liable for a failure to perform caused by something outside its reasonable control, other than an obligation to pay money.

Survival. Sections 5.2, 10, 11, 13, 14, 15, 16 and 17 survive termination.

Severability. If a provision is unenforceable, it is severed and the rest continues.

Waiver. A failure to enforce a right is not a waiver of it.

Entire agreement. This agreement, your Order and our Privacy Policy are the whole agreement between us about the Service, and replace anything said or written beforehand.

Governing law. This agreement is governed by the laws of Western Australia, and each party submits to the non exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.

20. Contact

The Listing Collective
Orgatlas Pty Ltd ABN 39 679 164 740
Level 2, 220 St Georges Terrace, Perth WA 6000
daniel@thelistingcollective.com.au